Refund policy

E-STORE TERMS

Please read these E-Store Terms carefully before ordering products from the The Avenue Performance Studio website (www.theavenue.net.au). By ordering products from the The Avenue Performance Studio  website you agree to be bound by these E-Store Terms. If you do not agree with any of these Terms, we politely ask that you do not use this website.

WHEN DO THESE E-Store TERMS APPLY?

These E-Store Terms apply to all offers and agreements relating to the sale and delivery of products by The Avenue Performance Studio. When you order anything at our The Avenue Performance Studio website (www.theavenue.net.au) or any web page directly connected to our website (Website) or accept an offer from The Avenue Performance Studio, your agreement to the E-Store Terms in the course of the order process constitutes your acceptance of the applicability of these E-Store Terms. It is only possible to deviate from these E-Store Terms if agreed in writing by The Avenue Performance Studio.

OUR OFFER AND PRICES

The offers on our Website are without obligation and do not bind The Avenue Performance Studio. The Avenue Performance Studio is likewise not bound by clear clerical errors and mistakes in promotional descriptions and other statements in the offer and on our Website. Minor colour and other variations in products are possible as a result of different image acquisition, display technologies or other technical reasons. The Avenue Performance Studio is not liable for these variations and deviations.

The stated prices include Australian Goods and Services Tax (GST). Prices are quoted in Australian dollars. The Avenue Performance Studio reserves the right to make price and product changes prior to an order placed by you. The Avenue Performance Studio reserves the right to change, limit or terminate any special offers or discounts at any time.

The Avenue Performance Studio charges shipping costs. The shipping costs vary for each product and are further detailed under the heading ‘Shipping’ on our Website. These costs will, if applicable, be charged separately and specified and added up with the total amount of the order. The Avenue Performance Studio also offers pick up which is available from reception. 

HOW IS A CONTRACT CONCLUDED WITH YOU?

You can only order on our Website if you are a consumer, not a reseller. You have to be 18 years of age or older to buy products via our Website.

Orders you place via the Website for the products offered by The Avenue Performance Studio through the Website are only an offer to conclude a sales contract. The sales contract is only concluded upon the confirmation by The Avenue Performance Studio of the order per our e-mail to you. Until you have received this confirmation, you can still cancel the order.

You warrant that the information you provide to The Avenue Performance Studio in the request or order form is accurate and complete. The Avenue Performance Studio is never obliged to accept an order. The Avenue Performance Studio  is entitled at all times to verify an order in advance or to refuse an order without providing reasons. If The Avenue Performance Studio does not confirm your order within ten working days, it is deemed to have been refused. 

METHODS OF PAYMENT

Please check our Website for information on available payment methods. Prices shown are in Australian dollars and include GST where applicable. Prices are subject to change. If purchasing from overseas then the currency may change to reflect your country of origin.

INFORMATION ON RETURNS

Right of return (change of mind returns policy): Subject to the provisions of these E-Store Terms, you may return the products received without specifying any reasons within 14 days of receipt. We have no obligation to accept the return of products in the case of change of mind and only offer an exchange of product of equivalent value (if available) and no financial refund in this situation. The 14-day period commences on the day of receipt of the ordered products. Only products that are not suitable for dispatch by parcel (e.g. in the case of bulky goods) may be returned by submitting a written request for the products to be taken back. The timely dispatch of the products or the request to take back the products will suffice for compliance with the right of return deadline. The return of products is at your expense and risk. The right to return product only applies if the products are unused and complete in their original condition including their original packaging insofar as reasonably possible.

If a product is returned that The Avenue Performance Studio believes has been damaged because of an act or omission for which you are to blame, or which is otherwise for your expense and risk, The Avenue Performance Studios will be entitled to deduct the decrease in value of the product as a result of this damage from the amount to be repaid to you (if at all). You can avoid the obligation to compensate the decrease in value of a product caused by use by not using the product and by refraining (as far as reasonably possible) from any actions that could negatively affect its value.

The above right of return applies in addition to, and does not affect, your rights under the consumer guarantees which apply under the Australian Consumer Law.

WARRANTIES AND LIABILITY

To the extent permitted by law, The Avenue Performance Studio excludes all conditions, warranties and guarantees (whether express or implied by or arising under statute, common law, equity, trade custom or usage or otherwise), and makes no representations, relating to the products ordered by you, including warranties or guarantees of acceptable quality, merchantability and fitness for purpose. Nothing in these E-Store Terms excludes, limits or modifies any conditions, warranties or guarantees implied by or arising under statute which cannot lawfully be excluded.

Where conditions, warranties or guarantees implied by or otherwise arising under law cannot be lawfully excluded, then to the extent permitted by law, The Avenue Performance Studio’ liability for a breach of any such condition, warranty or guarantee is limited, at its option, to the replacement or repair of the products, the supply of equivalent products or the cost of replacing or repairing the products or of acquiring equivalent products. Otherwise, to the maximum extent permitted by law, The Avenue Performance Studio and its officers, employees, agents and representatives will not be liable for any loss or damage (including consequential loss or damage) to any person or entity, however caused (whether by negligence or otherwise), which may arise directly or indirectly from or in connection with these E-Store Terms, the Website or any orders you place via the Website. The limitations and exclusions set out in this section do not apply to any liability of The Avenue Performance Studio for wilful misconduct, fraud or gross negligence (being negligence involving a deliberate or reckless disregard or a risk which would be apparent to a reasonable person in the same circumstances).

MAINTENANCE OF PRODUCTS

The Avenue Performance Studio draws your attention to the washing and maintenance instructions printed on the labels of the products. The Avenue Performance Studio is not liable for any damage resulting from the incorrect handling of products, including handling contrary to the instructions.

WHAT CAN YOU DO IF YOU ARE NOT SATISFIED?

You may send written complaints concerning the conclusion of the sales contract or its performance to the below address .

The Avenue Performance Studio

131a Loftus Avenue 

Loftus, Australia,

2232

RETENTION OF TITLE

The delivered products will remain the property of The Avenue Performance Studio until you have paid all amounts owing under any agreement to us in full, including the payment of costs, even if earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber products before ownership thereof has passed to you.

APPLICABLE LAW

These E-Store Terms are governed by the laws of NSW, Australia, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.